| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 27 |
| Hearing date | 25-Jan-18 |
| Determination date | 25 January 2018 |
| Member | V Campbell |
| Representation | S Tukaki (in person) ; N McFarlane |
| Location | Auckland |
| Parties | Tukaki v Gladstone Retail Ltd |
| Summary | JURISDICTION – Whether valid 90 day trial provision – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – PENALTY – Applicant sought penalty for respondent’s breach of good faith – Butchery Assistant |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Employment Agreement (“EA”) subject to 90 day trial period. Applicant claimed her role had changed during employment and she should regarded as an employee. Changes in applicant’s tasks were not documented and EA allowed for employer to change tasks depending on needs of business. Employer entitled to rely on trial period provision. Applicant barred from pursuing personal grievance for unjustified dismissal. Valid trial period. UNJUSTIFIED DISADVANTAGE: Satisfied employer took steps to address bullying concerns raised by applicant. Applicant could not establish that one or more conditions of employment have been affected to her disadvantage. PENALTY: Employer remained communicative with applicant over period leading to dismissal. Employer did not breached duty of good faith. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A;ERA s67B;ERA s103A;ERA s174E |
| Number of Pages | 10 |
| PDF File Link: | 2018_NZERA_Auckland_27.pdf [pdf 173 KB] |